ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES

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1 Strasbourg, 23 February 2006 ACFC/OP/II(2005)007 ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES Second Opinion on Romania, adopted on 24 November 2005 EXECUTIVE SUMMARY Romania has continued to show commitment in the implementation of the Framework Convention and has taken new steps to maintain and develop further the climate of tolerance and intercultural understanding which generally characterizes Romanian society. New legislative, institutional and practical measures have been taken to strengthen the protection of persons belonging to national minorities in fields such as non-discrimination, the use of minority languages in the public sphere, as well as education, where the situation of the Roma has received particular attention, but where the necessary financial resources are not always guaranteed. Romanian legislation provides important guarantees for the participation of national minorities and the latter, particularly the Hungarian minority, play an active role in Romanian public life. However, access to the existing mechanisms for participation and state support does not extend to all potentially interested organizations and communities. Further measures are needed to ensure more effective implementation of the anti-discrimination legislation and to raise public awareness and tolerance, especially concerning full and effective equality of the Roma. The social and economic situation of the Roma remains problematic, and increased efforts, including of a financial nature, are needed to address manifestations of discrimination and the difficulties still faced by the Roma in the fields of employment, housing, health and education. A balanced approach to the concerns of all interested parties should prevail in the current process of property restitution, with due consideration for its impact on the situation of persons belonging to more vulnerable groups.

2 TABLE OF CONTENTS I. MAIN FINDINGS... 4 Monitoring process... 4 General legislative framework... 4 Equality and protection against discrimination... 4 Preservation and development of the culture and identity of persons belonging to national minorities... 5 Tolerance and intercultural dialogue... 5 Use of minority languages in the public sphere... 5 Education... 6 Participation... 6 II. ARTICLE-BY-ARTICLE FINDINGS... 7 Article 3 of the Framework Convention... 7 Article 4 of the Framework Convention Article 5 of the Framework Convention Article 6 of the Framework Convention Article 7 of the Framework Convention Article 9 of the Framework Convention Article 10 of the Framework Convention Article 11 of the Framework Convention Article 12 of the Framework Convention Article 14 of the Framework Convention Article 15 of the Framework Convention III. CONCLUDING REMARKS Positive developments Issues of concern Recommendations

3 ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES SECOND OPINION ON ROMANIA 1. The Advisory Committee adopted the present Opinion on 24 November 2005 in accordance with Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97) 10 of the Committee of Ministers. The findings are based on information contained in the State Report (hereinafter the Report), received on 6 June 2005, and other written sources and on information obtained by the Advisory Committee from governmental and non-governmental contacts during its visit to Bucharest and Braşov from 3 to 7 October Section I below contains the Advisory Committee s main findings on key issues pertaining to the implementation of the Framework Convention in Romania. These findings reflect the more detailed article-by-article findings contained in Section II, which covers those provisions of the Framework Convention on which the Advisory Committee has substantive issues to raise. 3. Both sections make extensive reference to the follow-up given to the findings of the first cycle of monitoring of the Framework Convention, contained in the Advisory Committee s first Opinion on Romania, adopted on 6 April 2001, and in the Committee of Ministers corresponding Resolution, adopted on 13 March The concluding remarks, contained in Section III, could serve as the basis for the Committee of Ministers forthcoming conclusions and recommendations on Romania. 5. The Advisory Committee looks forward to continuing its dialogue with the authorities of Romania as well as with representatives of national minorities and others involved in the implementation of the Framework Convention. In order to promote an inclusive and transparent process, the Advisory Committee strongly encourages the authorities to make the present Opinion public upon its receipt. 3

4 I. MAIN FINDINGS Monitoring process 6. Romania has pursued a constructive approach to the monitoring procedure of the Framework Convention and also organised a follow-up seminar following the adoption of the first Opinion of the Advisory Committee. The Advisory Committee wishes to underline the constructive and transparent approach of the various public authorities it met in the context of the second cycle of monitoring. It notes with satisfaction the considerable progress recorded in Romania since its first visit in terms of the professionalism and openness of the authorities. However, with regard to consultations with national minorities prior to the transmission of the second State Report, the Advisory Committee regrets that minority representatives did not have sufficient opportunity to influence effectively the State Report. The Framework Convention is nevertheless well known among minorities, public authorities and non-governmental organisations. A number of non-governmental organisations work in Romania in the field of minority protection and contribute considerably to its development. General legislative framework 7. The Advisory Committee welcomes the commitment shown by the Romanian authorities in the implementation of the Framework Convention and the numerous legal and institutional measures taken since the adoption of the first Opinion of the Advisory Committee. 8. A major issue at present is the Draft Law on the Status of National Minorities, currently under examination in the Parliament. There is general consensus among the minorities represented in the Council of National Minorities that a comprehensive law is necessary in order to guarantee the continued respect for the rights of persons belonging to national minorities in Romania. While recognising the importance of this goal, the Advisory Committee urges the authorities to ensure that such legislation is in line with the open and flexible approach advocated by the Advisory Committee and that it respects the need for democratic pluralism among minorities. An assessment of all the effects of the implementation of the envisaged law still needs to be carried out. Equality and protection against discrimination 9. The Advisory Committee notes with satisfaction the positive measures taken by the Romanian authorities in order to promote full and effective equality in various fields between persons belonging to national minorities and the majority. It notes inter alia the system of reserved places introduced to encourage access of Roma to high school and university education, as well as the measures taken to support the public use of minority languages as well as the system of representation of national minorities in Parliament. Notwithstanding the legislative and institutional measures taken in the field of non-discrimination, there are only rare cases of application of the non-discrimination legislation. Further training and awareness-raising measures in the legal profession and the general public, as well as efforts to address the issue of the independence and resources of the National Council for the Fight against Discrimination, are among the ways to follow-up on these concerns. 10. In spite of the numerous measures taken to improve their situation, most of the Roma continue to be set apart from the rest of the population by considerable disparities. While the first results start to be visible, in particular in education, the impact of these measures remains 4

5 on the whole limited, and the Roma continue to face serious difficulties, such as discrimination in most key areas, including employment, housing and health. Preservation and development of the culture and identity of persons belonging to national minorities 11. Romania has made laudable efforts to support the preservation and development of the identity and culture of persons belonging to national minorities. However, most support is channelled by the Department for Interethnic Relations, through the Council for National Minorities, to organisations represented in this Council, leaving numerically smaller minorities and organisations not represented in the Council for National Minorities at a disadvantage. 12. Recently, more resolute measures have been taken to accelerate the restitution process of church property and possessions that formerly belonged to ethnic communities. However, no assessment has been made of the impact of this process on persons belonging to different minorities and the Roma in particular. Tolerance and intercultural dialogue 13. The Advisory Committee notes the existence in Romania of a social climate conducive to dialogue and multicultural understanding between national minorities and the majority. Penal legislation has been amended recently to better address ethnically or racially motivated crimes. In other fields, such as education and the media, there is still room for better inclusion of aspects related to the history and culture of national minorities, for instance by reviewing the content of curricula and textbooks intended for the majority, and by allocating better time-slots to minority programmes of interest for a larger audience. 14. Although improvements have been recorded in the way the media cover minority related issues, certain newspapers still publish articles reflecting prejudices against the Roma, in particular at the local level. Moreover, there are isolated instances of politicians expressing hostile views with regard to the Roma, and such statements are at times echoed by the media. Also, in spite of substantial improvements in police conduct as a result of specific training and awareness-raising measures, cases of abusive behaviour and hostile attitudes towards the Roma, even violence in some instances, continue to be reported and require more effective and impartial investigation. Use of minority languages in the public sphere 15. For several years, Romania has made notable progress at the legislative and practical level with regard to the use of minority languages in the public sphere. Persons belonging to national minorities can now use their mother tongue in their relations with local public authorities and their languages can also be used in local topographical indications. While noting that some difficulties have been reported, the Advisory Committee welcomes the efforts made in Romania to ensure effective implementation of the relevant constitutional and legal provisions. In addition, the Advisory Committee notes that, according to the revised Constitution, persons belonging to national minorities have the right to use their mother tongue in courts, and that this possibility is no longer restricted to penal courts only. 5

6 Education 16. The Romanian authorities have continued to pay particular attention to the conditions necessary to ensure equal access to education for persons belonging to national minorities as well as to implement effectively their right to learn their mother tongue or to receive instruction in this language. However, these efforts take place within a context where the budget allocated to education is very low, which has sometimes meant that many of the efforts are completely dependent upon funding from international donors. 17. Shortcomings however persist in this area, in particular for numerically smaller minorities, and it is to be hoped that the new decentralized system of financing education will make it possible to better meet the existing needs. 18. Specific measures have been taken to promote equal access of the Roma to education at all levels, to reduce absenteeism and the school drop-out rate and to improve the educational performance of Roma students. Particular efforts have also been made to prepare adequate teaching material and to train the teaching staff necessary to ensure that these children can study elements of the history and culture of their community and learn their language. This being said, the educational situation of the Roma remains a challenge for the authorities, as absenteeism and school failure still exist, and occasional cases of Roma children isolation in the school system have been reported. Participation 19. Romanian legislation provides considerable guarantees for the participation of persons belonging to national minorities in public life, including, in particular, representation in Parliament guaranteed by law. The Hungarian minority has a strong presence in Romanian public life, currently participating in the Government and influencing considerably the State s policy of minority protection. More recently other national minorities are also in a position to participate more effectively in political debates. Progress is not as clear with regard to the participation of the Roma in Parliament, although improvements are recorded at local level through Roma elected councillors and consultative structures and positions introduced for the Roma in fields such as education and health. National minorities, especially numerically smaller ones, continue to be under-represented in certain sectors of public administration, such as justice and police. 20. The Advisory Committee finds that the authorities have a dialogue with national minorities exclusively through the organisations represented in the Council of National Minorities. Moreover, since these organisations are at the same time those represented in Parliament and often through the same person, this dialogue may be strongly politicised. The Advisory Committee considers that a more inclusive approach should be pursued, as the current arrangements may also be detrimental to the maintenance of pluralism within the various communities. The current approach also poses problems at local level as reflected in the electoral legislation in force as well as in the Draft Law on the Status of National Minorities. 6

7 II. ARTICLE-BY-ARTICLE FINDINGS Article 3 of the Framework Convention Scope of application of the Framework Convention Findings of the first cycle 21. In its first Opinion on Romania, the Advisory Committee encouraged the authorities to consider the possibility of including other groups in the application of the Framework Convention, adopting, where appropriate, an article-by-article approach, and consulting those concerned. The authorities were encouraged in particular to involve representatives of the Csangos in their consideration of this matter. Current situation a) Positive developments 22. The Advisory Committee welcomes the fact that, as indicated in the State Report, the scope of the Framework Convention has been extended in Romania to cover two other groups of persons considered as national minorities - the Macedonians and the Ruthenians, now represented in Parliament and in the Council of National Minorities. The following 20 national minorities are represented in the Council of National Minorities: Albanians, Armenians, Bulgarians, Croats, Germans, Greeks, Hungarians, Italians, Jews, Poles, Roma, Russian- Lippovans, Serbs, Slovaks and Czechs (represented by a single organisation), Tatars, Turks, Ukrainians, Macedonians and Ruthenians. 23. Much discussion has recently taken place in Romania on the definition of national minority and the access to the protection afforded as a result of acquiring that status, particularly in the context of the debate on a Draft Law on the Status of National Minorities. Minorities hope that, with this law, a number of clarifications will be forthcoming, offering a suitable response to more recent socio-demographic trends and formalising in law the official approach in this field. The Advisory Committee believes that these are essential issues for framing a coherent and stable policy for the protection of minorities and notes that there is a consensus in the circles concerned on the need for greater clarity in this regard. b) Outstanding issues 24. Nonetheless, the Advisory Committee notes that persons belonging to other groups, the Hungarian Csangos and the Aromanians in particular, have expressed an interest in the measures taken by the State to protect national minorities and therefore in the protection afforded by the Framework Convention. The Advisory Committee is under the impression that even though discussion on these matters has taken place within the communities in question and in academic circles, there has only been limited dialogue between the authorities and the representatives of those concerned, and a clear official response is still awaited. 25. This primarily concerns the Hungarian Csangos 1, who informed the Advisory Committee of their wish to receive support from the State for their efforts to preserve their linguistic identity and their artistic, cultural and religious traditions. The Advisory Committee 1 According to the official results of the last population census 1,226 individuals identified themselves as Csangos. In the documentation provided to the Advisory Committee by this group, the term used is Hungarian Csangos. 7

8 notes that there are diverging opinions within the Csango community, some of whom consider that while their religion (Catholic) differentiates them from the majority population, they are nevertheless not a separate ethnic group. The Advisory Committee takes note of the demand formulated by those within the Csango community who, considering themselves a distinct group, wish to benefit from State support in areas relevant to the preservation of their identity, including the use of their languages in the context of religious ceremonies. The authorities seem to privilege the view that Csangos form a separate religious group within the majority population but do not have a distinct ethnic identity. However, the Advisory Committee notes that, in practice, members of this community have for several years been able to study Hungarian in public schools and that the number of pupils concerned has increased (from 32 in 2001/2002 to 725 in 2005/2006). 26. The Advisory Committee also notes that in April 2005, an association of Aromanians officially asked the authorities to recognise them as a national minority. Diverging views have also been noted within this community as to the existence of a separate Aromanian language and identity, and therefore whether such recognition is necessary. A part of this community believe that the Aromanians use a dialect of Romanian and represent a sub-group of the Romanian people, which is also the approach adopted by the authorities. It is noted in this context that, in processing the results of the latest population census (held in March 2002), the National Institute for Statistics included those who identified themselves as Aromanians in the figures for Romanians (see also the observations in paragraph 38 below). 27. To date, Romania does not have a list of officially recognised national minorities nor a specific procedure for recognising ethnic communities as national minorities. Nonetheless, the groups taken into account and consulted by the Government in drawing up measures for the protection of minorities are those represented in the Council of National Minorities, a consultative body comprising representatives of citizens belonging to the national minorities represented in Parliament 2. At the same time, with regard to elections to the Chamber of Deputies and the Senate, within the meaning of the present law, national minority is understood to mean an ethnic group represented in the Council of National Minorities 3. This implies that in the absence of an official definition of national minority, over and above the data provided by the population census, the authorities, in order to treat a group as a national minority, take into account the results of parliamentary elections. As indicated above, the Advisory Committee welcomes the inclusion of two new groups in the scope of application of the Framework Convention following the parliamentary elections of At the same time, the Advisory Committee considers it problematic from the point of view of Article 3 of the Framework Convention that the results obtained in elections are treated as a decisive factor for confirming the existence of a national minority. The Advisory Committee believes it is essential to ensure that such a criterion does not lead to unjustified distinctions among groups potentially eligible for the protection afforded by the Framework Convention. 28. The Advisory Committee also notes that the Draft Law on the Status of National Minorities, as it stands on the date of the adoption of this Opinion, includes an exhaustive list of 20 communities, representing in the spirit of this law, the national minorities living in 2 Article 2, Government Decision No. 589 of 21 June 2001, supplemented and amended, concerning the setting up of the Council of National Minorities. 3 Article 4 (1), Law No. 373 of 24 September 2004 on Elections to the Chamber of Deputies and the Senate. 8

9 Romania, and a definition of national minority 4, including, among others, the criterion of citizenship. 29. The Advisory Committee believes that such an approach does not adequately reflect the spirit of openness and dialogue required in relation to Article 3 and other provisions of the Framework Convention, and it considers that a non-exhaustive list would be more in keeping with a dynamic and flexible understanding of the concept of national minority. The Advisory Committee would therefore prefer a formulation that, rather than excluding certain potentially concerned groups altogether, would leave scope for the possibility that, in the future, additional groups would fall within the scope of domestic minority legislation as well as within the scope of application of the Framework Convention. 30. The Advisory Committee further considers that while citizenship is a legitimate requirement in areas such as representation in Parliament, the general application of this criterion nonetheless raises problems in relation to guarantees linked to other key areas covered by the Framework Convention, such as non-discrimination and equality, and certain cultural and linguistic rights. Recommendations 31. The authorities are encouraged to consider the possibility of including in the application of the Framework Convention other persons having expressed an interest in the protection afforded by this Convention, in particular the Aromanians and the Hungarian Csangos, and to engage in a specific dialogue on this matter with those concerned. At the same time, they should pursue and develop existing measures of support for the preservation of the culture and identity of those concerned. 32. The authorities should also ensure that a flexible and open approach to the scope of application the Framework Convention is reflected in the Draft Law on the Status of National Minorities, in order to avoid arbitrary and unjustified exclusions and to maintain the possibility of the future inclusion of other groups, including non-nationals where appropriate, in the application of the Framework Convention. Findings of the first cycle Data collection 33. In its first Opinion on Romania, the Advisory Committee urged the authorities to consult and involve representatives of national minorities in the organisation of the next population census, particularly with regard to the content of the census forms and the options and wording of the question on ethnic origin. 4 National minority is understood to mean any community of Romanian citizens living on Romanian territory at the time of the establishment of the modern State of Romania, numerically smaller than the majority population, having a specific ethnic identity expressed through culture, language or religion, and wishing to preserve, express and promote its identity (Article 3 of the Draft Law on the Status of National Minorities). 9

10 34. In view of the wide discrepancy between the official statistics and the national minorities own estimates of their number, the authorities were also encouraged to explore different ways of obtaining reliable statistics on the number of people belonging to minorities and on their situation in various fields. Current situation a) Positive developments 35. The Advisory Committee notes that during the last population census in March 2002, three open questions enabled respondents to express their ethnic origin, mother tongue and religion, and that the forms used had been discussed in advance with the Council of National Minorities. Accordingly, persons such as Italians or Csangos, who had not been listed as acknowledged ethnic groups in the previous census of 1992, now appeared as distinct groups in the census results. Similarly, the number of Roma who identified themselves as such increased from 401,087 in 1992 to 535,140 in The Advisory Committee noted with interest the large amount of information, broken down according to many relevant criteria (age, sex, geographical distribution, or other) available at the National Institute for Statistics, on the situation of persons belonging to national minorities in areas such as housing, employment, health and education. It welcomes the readiness of the NSI to make this information available to other interested institutions and to carry out, where necessary, further and more targeted research. b) Outstanding issues 37. While welcoming the fact that a larger number of Roma chose to declare themselves as such in the last census, the Advisory Committee notes that there are wide discrepancies in respect of the Roma between the statistics emerging from the census and other estimates, both official and non-official. These estimates place the number of Roma living in Romania much higher (between 1 and 2 million). 38. The State Report says that, in processing the data gathered in the population census, the NSI had included people belonging to a number of numerically smaller ethnic groups in the figures for related, numerically larger groups. In particular, this occurred in respect of the Aromanians 5, some of whom have officially asked to be recognised as a national minority. The Advisory Committee is unclear as to the criteria used for including them in the figures for larger groups and whether the people concerned were consulted on the matter. Recommendations 39. The authorities are encouraged to attach greater attention to consulting representatives of the people concerned when processing data obtained from the census, relating to ethnic origin, for official publication. 40. When planning protection measures for the Roma, the authorities should take appropriate account of the wide discrepancies between the figures derived from the census and other estimates as to their number. 5 According to information provided by the National Institute for Statistics, 24,645 identified themselves as Aromanians in the 2002 census. 10

11 Article 4 of the Framework Convention Prevention and protection against discrimination Findings of the first cycle 41. In its first Opinion on Romania, the Advisory Committee urged the authorities to implement promptly and fully the legal provisions for ensuring protection against discrimination and to take all necessary measures to ensure that the National Council for the Prevention of Discrimination was able to operate appropriately and effectively. Current situation a) Positive developments 42. The Advisory Committee welcomes the legislative measures taken by Romania to strengthen protection against discrimination. It notes in particular the passing of Law No. 48/2002, ratifying Government Order No. 137/2000 on Preventing and Punishing all Forms of Discrimination, and bringing together the legal provisions governing anti-discrimination measures in Romania. The Code of Conduct for Civil Servants, adopted by Law No. 7/2004, is also an important addition to the regulations introduced in Romania to ensure compliance with the principles of equality and non-discrimination. 43. The Advisory Committee also notes that the Romanian Constitution, revised in 2003, introduces, among other new provisions relating to the protection of minorities, a prohibition of nationalisation or any expropriation on the grounds of social, ethnic, religious, political or any other discriminatory criterion in respect of the owners (Article 44 (4)). 44. At the institutional level, the Advisory Committee notes the setting up of the National Council for the Fight against Discrimination 6 as a specialist body overseeing the implementation of the principles of equal treatment and equal opportunities and monitoring the application of anti-discrimination legislation. Despite the limited material and human resources available, this Council has steadily developed its activities in terms of both information and awareness-raising and applying sanctions to those who have committed acts of discrimination. The Advisory Committee notes with satisfaction the increased determination and commitment shown by this Council to improve its working methods and conditions, to raise its profile and strengthen its credibility. The Advisory Committee also appreciates the efforts made to ensure that national minorities, including the Roma, are represented in its Steering Board. 45. Complaints of discrimination 7 and decisions issued relate primarily to acts of discrimination against Roma, in particular with regard to access to public places, and discriminatory or racist articles or advertisements appearing in the press. The Advisory Committee also takes notes of the decisions and sanctions applied (in the form of fines) further to complaints of discrimination in access to housing or in education. 6 The National Council for the Fight against Discrimination was set up by virtue of Government Order No. 137/2000 on preventing and punishing all forms of discrimination, amended and supplemented by Government Decision No. 1194/2002, itself amended and supplemented. 7 In the period between its foundation in 2002 and 2004, the National Council for the Fight against Discrimination received 146 complaints of discrimination on ethnic grounds, 20 complaints of discrimination on religious grounds, and 3 complaints of linguistic discrimination. Between January and September 2005, out of a total of 272 complaints received, 63 (28 of which have been dealt with) related to ethnic identity, one to language and 8 (2 of which have already been dealt with) to religion. 11

12 b) Outstanding issues 46. The Advisory Committee notes that numerous non-governmental sources have criticised the National Council for the Fight against Discrimination for its limited impact, the little authority it has vis-à-vis public institutions and its failure to deal in depth with discrimination-related problems. One of the main concerns expressed by these sources is related to the independence of this body. A new anti-discrimination law, currently prepared by the Government, is aimed at strengthening the independence of the National Council for the Fight against Discrimination, which will be placed under the responsibility of the Parliament. 47. More generally, the Advisory Committee notes that a very small number of cases of discrimination on ethnic grounds have been reported. While this may be due to the rare occurrence of such cases, it may also be due to the fact that anti-discrimination legislation is not often applied by those concerned, whether judges, lawyers, prosecutors or whoever, and that the general public is not sufficiently aware of this legislation. The Advisory Committee hopes that the legislative measures recently taken to encourage recruitment of persons belonging to national minorities in the judiciary will make it possible to increase awareness of minority related issues within the legal profession (see also related comments in paragraph 181 below). Recommendation 48. The authorities should take all necessary measures to ensure that the National Council for the Fight against Discrimination can operate independently and effectively. To this end, particular attention should be paid to revising its statute and allocating appropriate human and financial resources. There is also a need for further information and awareness-raising measures relating to anti-discrimination legislation, targeting both the population at large and the public authorities. Application of the principles of equality and non-discrimination with regard to the Roma Findings of the first cycle 49. In its first Opinion on Romania, the Advisory Committee called on the authorities to take more decisive steps to address the social and economic inequalities affecting the Roma population and to prevent and combat instances of discrimination which the Roma continued to suffer in various fields. Current situation a) Positive developments 50. In application of the Strategy to improve the situation of the Roma adopted by the Government in , improving the lot of the Roma has been a priority for the Romanian authorities in recent years. At the institutional level, a joint implementing and monitoring committee, with the National Agency for Roma as its executive body, is responsible for planning, co-ordinating and monitoring the implementation of the various measures developed under this strategy. Throughout the country, county offices for Roma have been set up in prefectures and Roma experts have been recruited in municipal authorities. 51. As pointed out in the State Report, many projects and programmes have been set in motion at national and local level to help the Roma cope with the difficulties encountered in 8 Government Decision No. 430/

13 most walks of life and to narrow the gap between them and the rest of the population. The Advisory Committee notes with satisfaction that these measures, adopted in the majority of cases in co-operation with non-governmental organisations and with external financial support, are gradually beginning to show results in a variety of sectors housing, employment, health and vocational training. 52. For example, school mediators and school inspectors for Roma have been appointed in the education sector, alongside forms of distance learning to train Roma teachers. As a result of these measures, an increasing number of Roma children are able to be taught the Roma language. They now have suitable textbooks and educational material. 53. In order to improve the health situation of the Roma, greater efforts have been exerted to raise the awareness of this community and to facilitate their access to health care, including via health mediators. These are posts for which almost 200 Roma women have been trained and recruited. In the employment field, a number of projects have been developed with nongovernmental organisations to facilitate Roma access to the labour market (vocational training or re-training programmes, employment fairs for Roma, etc). b) Outstanding issues 54. The implementation of the Strategy to improve the situation of the Roma, as well as the impact of this strategy, has been limited, although progress has been noted in the various sectors concerned. This state of affairs is often attributed to the limited state resources allocated for implementation of the strategy, both overall and in individual sectors, alongside insufficient coordination of those involved and the lack of appropriate monitoring. There has also been weak and ineffective participation by the Roma community in the various stages of drawing up and implementing the measures coming under the strategy. 55. Accordingly, the Roma continue to face serious problems in many areas, and to be victims of marginalisation and social exclusion. Despite the many measures taken to help them enter the labour market, unemployment remains particularly high among the Roma, and Roma women are particularly affected by this. Serious problems are also reported with regard to housing and living conditions, which continue to be extremely difficult for a large part of this population. In certain cases, the solutions opted for by the local authorities to deal with these difficulties - eviction measures followed by inappropriate rehousing solutions - only make matters worse for the people concerned. The Advisory Committee also notes that the Roma are exposed to additional difficulties in the context of the restitution of property under way in Romania (see also observations under Article 5 below). 56. In the health and social welfare fields, the Roma, which form the population group with the largest number of families living on social benefits, are particularly affected by the more general problem of implementation of current legislation. In education, despite significant progress, there are still many problems facing the Roma, and these has a negative impact on their access to the labour market and on their living conditions (see also observations under Articles 12 and 14 below). 57. It should also be noted that, even though now less frequent and despite sanctions imposed by the National Council for the Fight against Discrimination, discrimination against the Roma in different sectors continues to be reported, ranging from refusal to employ Roma to discriminatory practices of certain local authorities as regards restitution of land and access to social benefits. 13

14 58. The Advisory Committee notes with concern that, according to estimates by the authorities, around 50,000 Roma have no identity documents, a situation which seriously hampers their access to the majority of social and economic rights (social welfare, education, employment and housing). Major difficulties will also emerge, as a result of this lack of documents, for those Roma whose housing was affected by the floods of summer However, efforts are under way to help the persons concerned obtain these documents and the National Population Inspectorate is in contact with Roma organisations in order jointly to identify the most appropriate solutions. Recommendations 59. The authorities should take more decisive measures, in consultation with the Roma, to overcome the shortcomings noted in the sectors identified as priority areas in the evaluation of the 2001 Governmental Strategy for the Roma. Increased attention should be paid to the level of resources allocated in this context. 60. The authorities are also called upon to ensure ongoing monitoring of the situation regarding discriminatory attitudes and practices vis-à-vis the Roma. At the same time, information and awareness-raising activities in this field, targeting the Roma, the rest of the population and the public authorities concerned, should be stepped up. Article 5 of the Framework Convention State support for the preservation of the cultures of national minorities Findings of the first cycle 61. In its first Opinion on Romania, the Advisory Committee welcomed the efforts of the Romanian authorities to support the preservation and development of the cultures of national minorities and encouraged them to take appropriate account, above and beyond statistics, of the actual situation of the various minorities. 62. The authorities were also encouraged to take additional measures, in consultation with the Roma community, to enhance the Roma identity and improve the social perception of that identity. Current situation a) Positive developments 63. The Advisory Committee notes that the authorities have continued to lend their support for the cultural activities of national minorities and that appreciable efforts have been made in this area, taking into account the limited resources available. Hundreds of projects submitted by the 20 communities represented in the Council of National Minorities have in recent years received grants from the Ministry of Culture. The Hungarians, Germans, Roma and Ukrainians are the communities that have most benefited from these grants. 64. It should be noted that a new system for funding these cultural activities, based primarily on competition between projects, has recently been introduced and will be put into practice with effect from the 2006 budget. The Advisory Committee notes in this connection that in order to facilitate access to grants the Ministry of Culture intends to run training courses for minority organisations to help with the drafting of projects. In this context, the Advisory Committee notes with satisfaction that organizations and communities which are not represented 14

15 in the Council of National Minorities can also have access to the funds provided by the Ministry of Culture to support cultural activities. 65. Minority organisations also obtain funds from the state budget directly. These funds have increased significantly in recent years (rising from 90,000,000 Lei in 2001 to 264,434,000 Lei in 2005). The money, distributed by the Department for Interethnic Relations via the Council of National Minorities, is intended to help cover running costs but can also be used for cultural purposes. By way of example, the Comunitas foundation, to which the Hungarians have given responsibility for distribution of the funds allocated to them (amounting to 58,000,000 Lei in 2005), uses these funds primarily for cultural purposes, in support of the Hungarian press, books (47 published in 2003) and other publications in Hungarian, as well as other cultural and educational projects. Participation in other governmental programmes and, for certain minorities, support from the kin-states, supplement the above funding sources. 66. In general, national minorities are appreciative of the efforts made by the authorities in this field. Through their many institutions, artistic events and publications in minority languages, etc. they have a rich and visible presence in the cultural life of the country. There are also many, varied multi-cultural activities which are given support by the Department for Interethnic Relations, which is particularly active in this field. 67. The Advisory Committee also notes that additional guarantees are expected following the current parliamentary debate on the Draft Law on the Status of National Minorities which, inter alia, provides for the introduction of cultural autonomy for national minorities. The Draft states that cultural autonomy is understood to mean the ability of a national minority to have decision-making powers in matters relating to its cultural, linguistic and religious identity, through councils elected by its members (Article 57.1 of the Draft Law on the Status of National Minorities). 68. The Advisory Committee considers that the introduction into the Romanian system of minority protection of cultural autonomy and the corresponding mechanism, would confirm Romania s particular commitment to preserving and asserting the identity of its minorities. The Advisory Committee wishes to stress that, if this mechanism is applied, representatives of minorities would play a particularly important role in decision-making in the fields concerned since such decisions, rather than being the subject of mere consultation, should be submitted for their mandatory prior approval. In addition, with cultural autonomy, a collective dimension going beyond recognition of the rights of persons belonging to minorities as required by the Framework Convention, would be added to the Romanian system of protection for minorities. b) Outstanding issues 69. Although the Roma, like other communities, are entitled to state support for minorities cultural initiatives, their representatives indicated to the Advisory Committee that they were encountering difficulties in obtaining funds and acquiring suitable premises to establish a national Roma cultural centre. Some representatives of the numerically smaller minorities are also of the opinion that the support they are given by the state is still inadequate in relation to their needs. 70. In addition, several sources stressed the lack of transparency and clearly defined criteria in the allocation of funds awarded to minority organisations from the state budget, and the lack of any mechanism to monitor the use of the funds received. It would appear that this allocation of funds takes place more often than not by means of negotiation between minorities and 15

16 therefore depends on the relative influence of the different organisations in the Council of National Minorities. Of course, it is difficult under such conditions to ensure a balance between the different communities and to correlate the amounts awarded to real needs. 71. With regard to the mechanism of cultural autonomy introduced by the Draft Law on the Status of National Minorities, the Advisory Committee considers that, in order to become operational, the legislature needs to provide additional clarifications. 72. For example, to avoid an overlap of responsibilities and the taking of conflicting decisions, special attention should be focused on relations between the institutions of cultural autonomy and other decision-making actors, particularly those state bodies which have the same or similar responsibilities in the fields covered by cultural autonomy. The Advisory Committee also considers it important to clarify, in the legislative process, how the future law will fit into the Romanian legal system and its relationship with the relevant sectoral laws (see also observations under Article 15below). Recommendations 73. The authorities are encouraged, when awarding state funds to organisations of national minorities, to attach greater attention to the actual needs of the various communities and to strike an adequate balance between them. Increased attention should be paid to transparency in the distribution of funds and also to the role played by local authorities in supporting national minorities activities. 74. In the present discussion on the Draft Law on the Status of National Minorities, further clarifications are needed with regard to the nature and scope of the envisaged cultural autonomy, in particular the legal status of its institutions and the relationship between them and state institutions operating in the sectors concerned. Restitution of church property and assets having belonged to the communities Current situation a) Positive developments 75. The Advisory Committee welcomes the legislative and institutional measures taken in recent years by the Romanian authorities to speed up the restitution of religious property confiscated during the Communist regime. It notes in particular that the regulatory provisions pertaining to this process have been successively supplemented so as to clarify and extend the scope of restitution 9. Also, a Government decision adopted in makes provision, inter alia, for the matter to be referred to the courts where there is a failure to reach an agreement between the churches concerned on the ownership of the property at issue. 76. The Advisory Committee is aware of the particular importance and impact of this process, both for the churches and the persons concerned, some of whom belong to national minorities (Hungarian, German, Jewish, Armenian, Greeks, Serbian, Turkish, etc). At the same 9 Before the enactment of Law No. 10/2001, the general legal regime governing the restitution of property that had belonged to religious denominations was based on Emergency Government Order No. 94/2000, which stipulated that only 10 buildings could be returned to each religious denomination. A new law, Law No. 501/2002, was passed by the Romanian parliament in 2002 to provide a comprehensive framework governing the restitution of religious property. 10 Government decision No. 64/2004 of 13 August

17 time, it recognises the complexity and difficulty of the task and considers that all the parties concerned should co-operate in order to find a means of implementing the relevant legislation, while maintaining dialogue and understanding. 77. Efforts have also been made 11 to improve the legal framework pertaining to the restitution of properties which had belonged to certain ethnic communities, confiscated by the state under the Communist regime. Even though this process is still in its early stages, progress has also been achieved in implementing this framework. 78. The Advisory Committee welcomes the commitment of the Romanian authorities to press ahead with this complex and ambitious process, in the light of the high expectations of certain minorities who see this as a way of increasing considerably their current resources. It notes that in order to obviate the difficulties already encountered and to speed up the processing of claims received, a further review of the legal and institutional framework relating to the restitution of property took place in June b) Outstanding issues 79. The Advisory Committee notes that the restitution of religious property, which has been taking place in Romania for several years, has encountered a number of problems and has been subject to considerable delay. In particular, difficulties have been reported with regard to former places of worship which had been confiscated. 80. The restitution of property of the ethnic communities is just in the very early stages and is proving to be equally complex. In the absence of a comprehensive assessment of the costs of this process and of the measures needed to counter its adverse effects, the Advisory Committee is concerned about its impact on the situation of persons belonging to more vulnerable groups, such as the Roma. More generally, the Advisory Committee has noted that this process may result in increasing inequalities among different national minorities, in terms of resources available. This situation should also be taken into account in the allocation of state support to the various communities. 81. In addition, the Advisory Committee finds that the restitution of properties currently used for public interest activities in the areas of education or health, needs to be addressed in a balanced way, given the impact it may have in these fields for Romanian society as a whole, including for persons belonging to national minorities. The Advisory Committee hopes that the new legislative and institutional framework will make it possible to take greater account of the concerns of all parties and enable just and suitable solutions to be reached. Recommendation 82. The authorities should identify, in consultation with all the parties concerned and ensuring that dialogue and mutual understanding are maintained, the most suitable means of implementing the legislation on the restitution of property. Specific measures should be envisaged to assess the scope and impact of this process and to address the situation of persons potentially affected by this process, in particular the Roma. 11 Law No. 64/2004, amended by Law No. 330/